Many people (most) entering into a divorce or custody case often carry an unspoken assumption: surely this judge will see how important this is. Surely the court will recognize the unfairness,…
For many spouses who separated earlier in the year (whether at the outset or mid-year), coming to the end of that year without having initiated the divorce process or without…
Every January, divorce filings rise. The phenomenon is real enough that it is known among many divorce lawyers and courts as the January divorce spike. What’s mostly fiction is the…
A Utah divorce hearing is limited by the motion before the court, the relief requested, and the evidence properly noticed and submitted. If an issue is not teed up procedurally…
After a divorce that involved minor children of the parties, many of those party parents wonder why their kids become or seem to become distant or resentful. In Utah, children’s…
In Utah divorces, casting your spouse as the villain without proof can wreck your credibility and your custody case. Self-reflection and evidence—not drama—win the day. Divorce brings out strong emotions.…
Once discovery closes in your Utah divorce, child custody, or support case, it’s supposed to stay closed. The court expects both sides to be finished gathering evidence and ready for…
Utah divorce and family courts sometimes wander into nanny-court social engineering, issuing orders that treat parents like fools and/or helpless children who can’t be trusted to act sensibly without judicial…
In a Utah divorce or custody dispute, you can’t just file whatever you want with a court and whenever you feel like it. The Utah Rules of Civil Procedure, plus orders…
Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…
Why this comes up Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history.…
By Braxton Mounteer, Legal Assistant One of the most common accusations we hear in divorce cases today is: “My spouse is a narcissist.” It's become the go-to label for bad behavior,…
If you get divorced in Utah, you may be surprised to learn that you are required—unless you are excused for good cause—to attend at least one session of mediation before…
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…
(most definitions are from or based upon Black’s Law Dictionary, but some are from Utah sources, other sources, or are my own) ADR (alternative dispute resolution). Any procedure for settling…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
In a Utah divorce, retirement assets are often among the most valuable marital assets to divide. Retirement accounts such as 401(k)s, IRAs, pensions, and government or union retirement plans are…
Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…
In Utah family court cases (divorce, child custody, etc.), you generally cannot wholly substitute affidavits or verified declarations for live witness testimony in contested matters. Even if the court allows…
Alimony is a hotly debated subject, whether one is divorced or not. As with most controversial topics, misinformation seems to find its way into the discussion. Alimony is not nearly…
Allow me to start my answer to your question by acknowledging how unfair it is to children of divorce when courts refuse to hear from the children and refuse to…
Click here to see what a flower looks like to a human eye and to see what the same flower looks like to a honeybee’s eyes. How you perceive the…
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…